General Terms and Conditions of Business
(Status November 2020)
- Area of application
- Conclusion of the contract
- Right of withdrawal for consumers
- Prices, shipping costs, delivery
- Terms of payment
- Retention of title
- Settlement of disputes
- Applicable law and place of jurisdiction
- Contact and identity of the provider
1. Area of application, Definitions
1.1 The following general terms and conditions apply to all business relations between you as a customer and us, Fluco Nordgaustrasse 93437 Furth im Wald, which are processed via our online store. The version of our General Terms and Conditions that is valid at the time of the order is authoritative.
Our goods and services offered through the Fluco online store are aimed at consumers and entrepreneurs alike, but only as end users. For the purposes of these General Terms and Conditions, (i) a “consumer” is any natural person who concludes the contract for a purpose that is predominantly neither commercial nor his independent professional activity (§ 13 BGB) and (ii) an “entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity (§ 14 para. 1 BGB).
2. Conclusion of the contract
2.1 The goods offered in our Fluco online store do not constitute an offer to conclude a contract, but only an invitation to place an order.
2.2 By confirming and sending your order, you are making an offer to conclude a purchase contract. With the exception of orders where you have chosen prepayment (Paypal, Sofortüberweisung), the purchase contract is concluded by sending the goods. The confirmation of the receipt of your order is not yet an acceptance of the sales contract.
2.3 If you choose the payment method prepayment (Paypal, Sofortüberweisung), we declare the acceptance of your contract offer with the sending of the order confirmation.
2.4 If you choose a payment method other than those mentioned in section 2.3, you are bound to your offer to conclude a purchase contract within the maximum delivery period stated under shipping costs. This is e.g. three days for standard shipping in Germany.
2.5 The contract language is German.
3. Right of withdrawal for consumers
As a consumer you have a right of withdrawal. The conditions and legal consequences of the right of revocation result from the following revocation instruction.
You have the right to cancel this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party designated by you, who is not a carrier, took or has taken possession of the last goods.
In order to exercise your right of revocation, you must inform us Fluco Nordgaustrasse 93437 Furth im Wald by means of a clear statement (e.g. a letter, fax, telephone, e-mail sent by post) of your decision to revoke this contract. You can use the sample revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.
We shall bear the costs of returning the goods if the return is made from within Germany.
In case of return of goods delivered abroad, you have to bear the direct costs of the return from abroad. In the case of goods that cannot be returned normally by post due to their nature, you shall bear the direct costs of the return in the amount of up to 40 EUR.
You only have to pay for a possible loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for the examination of the condition, properties and functionality of the goods.
End of the revocation instruction
3.2 According to § 312 g Abs.2 Nr.1 BGB the right of revocation does not apply to contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Furthermore, the right of revocation does not apply to watch straps with quick release.
4. prices, shipping costs, delivery
4.1 Unless otherwise agreed, the prices applicable on the day of conclusion of the contract and contained in the Fluco online store shall apply.
4.2 The prices stated on our Internet pages include the statutory value added tax applicable in the Federal Republic of Germany.
4.3 We deliver worldwide
4.4 The current shipping costs can be found in the shipping costs overview in the Fluco online store.
4.5 In order to exercise your right of revocation from Germany, you must open the following link, fill out the return label accordingly and send your goods back to us: https://www.dhl.de/retoure/gw/rpcustomerweb/OrderEntry.action?hash=55ca838928526e654350f410f0a151ef5468fe9f9a5734b4968e2ddbffcc4d23
In order to exercise your right of revocation from other countries than Germany, you must inform us Fluco Nordgaustrasse 93437 Furth im Wald by means of a clear statement (e.g. a letter, fax, telephone, e-mail sent by post) of your decision to revoke this contract. You may use the sample revocation form for this purpose, but this is not mandatory.
You can find out more about our return terms and conditions if you follow the following link: http://wp13645644.server-he.de/cancellation-policy/?lang=en
5. Terms of payment
5.1 Payments are possible over following ways:
By instant bank transfer.
By credit card (Amex, Mastercard and Visa).
5.2 When placing an order, you have to pay the full invoice amount directly. We will arrange the shipment of the goods upon receipt of payment of the item(s).
5.3 We reserve the right to exclude certain payment methods in individual cases.
6.1 The statutory warranty rights and periods apply to consumers.
7. Retention of title
7.1 We reserve title to all items delivered by us until full payment has been received.
7.2 If the customer is an entrepreneur, the following regulations apply in addition:
We reserve title to all items delivered by us until all claims arising from the business relationship have been paid in full.
In the event of resale of the reserved goods, the customer hereby assigns to us the claims arising from the resale of the reserved goods in the amount of his invoice value for the respective goods delivered by us under reservation of title with all ancillary claims. Furthermore, the customer hereby assigns to us any claims for compensation against third parties due to loss or damage to the goods. We accept the above assignments.
8.1 We will collect, process and store all personal data provided by you exclusively in accordance with the data protection regulations applicable in Germany.
8.2 To process the contract concluded with you, it is necessary to use your personal data. Any use beyond this requires your express consent. The details of the data collected and their respective use can be found in our data protection declaration.
9. Settlement of disputes
9.1 Platform for online dispute resolution
Under current law, we are obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without the need to go to court. The European Commission is responsible for setting up the platform. You can find the European Online Dispute Resolution Platform here: https://ec.europa.eu/odr.
9.2 Participation in alternative dispute resolution
We are not obliged to take part in dispute resolution proceedings before a consumer arbitration board and have decided not to participate voluntarily.
10. Applicable law, place of jurisdiction
10.1. The contractual relationship is subject exclusively to the law of the Federal Republic of Germany to the exclusion of the uniform UN Convention on Contracts for the International Sale of Goods (CISG).
10.2 If the customer is a consumer and is not resident in the Federal Republic of Germany, the contractual relationship shall be governed exclusively by the law of the Federal Republic of Germany, excluding the uniform UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory provisions of the law of the state in which the consumer has his habitual residence provide otherwise.
11. Identity of the provider, contact
Provider Fluco Onlineshops is the company
FLUCO Ulrich Fleischmann e.K.
D-93437 Furth im Wald
Phone: +49 (0)9973/2028
Telefax: +49 (0)9973/3300
Responsible for content according to § 10 paragraph 3 MDStV and contact person for data protection:
Register court: Regensburg
Registration number: HRA- 3809
Tax number: 211/217/60468
Sales tax identification number according to § 27 a sales tax law: DE-208246810
Authorized representative partner: Ulrich Fleischmann